MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS AND ... · If an employee chooses not to become a...
Transcript of MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS AND ... · If an employee chooses not to become a...
I t r
AGREEMENT
BETWEEN
MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS
AND
INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL
ENGINEERS, IFPTE, LOCAL 196 MONMOUTH COUNTY SUPERVISOR'S ASSOCIATION
[BLUE COLLAR SUPERVISORS UNIT]
January 1,2004 through December 31,2007
TABLE OF CONTENTS
ARTICLE
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TITLE
PREAMBLE
REC0G"ION
UNION SECURITY
SHOP STEWARD
MANAGEMENT RIGHTS
GRIEVANCE PROCEDURE
SALARY
UNIFORMS
SENIORITY
HOURS OF WORK AND OVERTIME
HOLIDAYS
VACATIONS
LEAVES
HEALTH BENEFITS
COMMITTEES
GENERAL
FULL BARGAIN PROVISION
DURATION OF AGREEMENT
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This Agreement is entered into by and between the MONMOUTH COUNTY
BOARD OF CHOSEN FREEHOLDERS [hereinafter called the Employer or the County] and the
International Federation of Professional and Technical Engineers, Monmouth County
Supervisor's Association, IFPTE Local 196 [hereinafter called the Union]:
PREAMBLE
The County of Monmouth endorses the practice and procedure of collective
bargaining as a fair and orderly way of conducting relations with its employees insofar as such
practices and procedures are appropriate to the function and obligations of the County to operate
in a responsible and efficient manner consistent with the paramount interests of the public.
The parties recognize that this Agreement is not intended to modify any of the
discretionary authority vested in the County of Monmouth by the Laws or Regulations of the
State of New Jersey.
It is the intention of this Agreement to provide where not otherwise mandated by
statutes, for the salary structure, fiinge benefits and employment conditions of employees
covered by this Agreement to prevent interruptions of work and to provide an orderly and prompt
method for handling and processing grievances.
ARTICLE 1
RECOGNITION
Section 1. The County recognizes the Union as the exclusive representative for
the purpose of establishing salaries, wages, hours and other terms and conditions of employment
for Blue Collar supervisors and assistant supervisors.
Section 2. This unit includes those Blue Collar supervisors and assistant
supervisors employed in the Monmouth County Department of Public Works and Engineering in
the following divisions: buildings and grounds, shade tree commission, bridge department, motor
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pool, highway, traffic safety, and including Chief Bridge Operator.
Section 3. This unit excludes general supervisors, higher level supervisors,
managerial executives, confidential employees, non-supervisory employees, any other County employees, police, medical homes employees, reclamation center employees, employees
represented in other negotiations units, clerical, and professional employees,
ARTICLE 2
UNION SECURITY
Section 1. The Employer agrees it will give effect to the following form of Union
Security:
(a) Employees who are members of the Union on the effective date of this
Agreement may remain members of the Union in good standing by payment of the regular
monthly dues to the Union.
(b) Newly hired employees who are within the bargaining unit will be informed
by their respective shop steward that they have the opportunity to join the Union or pay to the
Union a Representation Fee.
Section 2. The Employer agrees to deduct fiom the wages of employees, by
means of a check-off, the dues uniformly required by the Union. The Employer, after receipt of a
written authorization from an individual employee, agrees to deduct from the salary of said
employees monthly dues and initiation fees. Such deductions shall be made from the first salary
paid during the month.
In making the deductions and transmittals as above specified, the Employer shall
rely upon the most recent communication from the Union as to the amount of monthly dues and
proper amount of initiation fee. A list of employees for whom deductions are being made will be
provided to .the Chief Steward at least annually.
Section 3. If an employee chooses not to become a member of the Union, then
that employee will be required to pay a representation fee in lieu of dues to the Union. The
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majority representative.
The representation fee to be paid by non-members will be equal to 85% of the
reguIar membership dues charged by the Union to its own members as permitted by law under
N.TSA 34:13A-5.5 through 5.8, and as that law may be amended. -
Section 4. The Union agrees to hold the County harmless fiom any action taken
by the County under the provisions of this Article.
ARTICLE 3
SHOP STEWARD
Section 1. The Union may name Stewards, and one Chief Steward. The Union
will provide written notification to the Employer of each Steward and Chief Steward which
represents it. The Union shall notify the Employer of any changes in designation as they occur.
Section 2. The Steward, or a Chief Steward in the absence of the Steward, shall
restrict their activities to the handling of grievances.
The Stewards shall be allowed a reasonable amount of time for the handling of
grievances, but only to such extent as does not neglect, retard or otherwise interfere with their
work duties or with the work or duties of other employees in any manner. The Stewards must
ask their immediate supervisor for permission to investigate and adjust grievances during work
hours, and such permission shall not be unreasonably withheld, consistent with the above.
Section 3. With the exception of processing grievance matters, the Stewards will
not be allowed to transact any Union business on County time. Stewards shall not be paid for
time spent in grievance meetings when such meetings are not scheduled during normal work
hours.
Section 4. The authorized representative of the Union may have access to its
members, hut such representative of the Union shall not interfere with employees or cause them
to neglect their work.
Section 5 . While the authorized representative of the Union is on County
the Union shall hold the county harmless
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against injuries or accidents
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occur to that individual.
Section 6. The Union shall be allocated forty ( 40 ) hours of paid leave per year
for union business authorized by the Local. Leave pursuant to this provision shall be granted
upon written authorization submitted by the Union to the Director of Public Works, indicating
the name or names of the individuals and the times absence will be required. In order to facilitate
the scheduling, advance notice of the use of leave time shall be provided at least one (1) week
prior.
Section 7. The Chief Steward shall be provided with a copy of all disciplinary
actions against unit members, unless the affected unit member specifically requests that no notice
be given.
ARTICLE 4
MANAGEMENT RIGHTS
Section 1. It is recognized that the County has and retains the right and
responsibility to direct the affairs of the departments covered by this contract in all aspects.
Section 2. Among the rights retained by the County are its right to direct the
working forces, to plan, direct and control all the operations and services of the departments
covered in this contract, to determine the methods, means, organization and personnel by which
such operations and services are to be conducted, to use supervisory employees for any unit
work; to set minimum salaries for covered titles, provided that such minimums shall be first
disclosed to the Union prior to implementation, and provided further that no employee in an
affected title shall be paid less than any newly established minimum; to contract or subcontract
out services; to relieve employees due to lack of work or for other legitimate reasons; to make
and enforce reasonable rules and regulations; to change or eliminate existing methods, equipment
or facilities .. Section 3. It is further agreed that the above detailed management rights are not
exclusive and shall in no way be deemed to exclude any other management right not specifically
set forth but which may be reasonably exercisable by the Employer.
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ARTICLE 5
GRIEVANCE PROCEDURE
Section 1. A grievance shall be a claim by an employee that the employee has
been harmed by an interpretation or application of this Agreement.
Section 2. To be considered under this procedure, a grievance must be initiated
within five ( 5 ) working days fiom the time when the cause for the grievance occurred,
Section 3. The procedures following shall be resorted to as the sole means of
obtaining adjustment of a grievance. Failure at any step of this procedure to communicate the
decision on a grievance within the specified time limits shall permit a grievant to proceed to the
next step. Failure at any step of this procedure to appeal a grievance to the next step within the
specified time limits shall be deemed to be a waiver of further appeals of the decision and an
acceptance of that decision.
STEP 1. A grievance, when it first arises, shall be taken up between the employee, a
Steward, and the immediate supervisor. The immediate supervisor shall within five ( 5 ) working
days thereafter give an oral or a written decision on the grievance.
STEP 2. If no satisfactory settlement is reached during the first Step, the grievance shall
be reduced to writing and served by the Steward upon the immediate Division or Department
Head not later than three (3) working days after the answer in Step 1 would be due.
The immediate Division or Department Head may elect to meet with a
representative of the Union within five ( 5 ) working days after receipt of such written grievance.
A written decision shall be given to the Union not later than ten (10) working days after it is
received, unless that time is mutually extended in writing.
STEP 3 If no satisfactory settlement is reached during the second Step, the grievance
shall be reduced to writing and served by the Steward upon the Director of Public Works not
later than ten (10) working days after the answer in Step 2 would be due. . . The Director of Public Works may elect to meet with a representative of the
Union within five ( 5 ) working days after receipt of such written grievance. A written decision
Any grievance the County may have against the Union shall be reduced to writing
and submitted to the Chief Steward, who will promptly arrange a meeting with the Director of
Public Works. If the matter is not satisfactorily settled at the meeting, or within five ( 5 ) working
days thereafter, the grievance may then be processed through Step 3 of the Grievance Procedure.
STEP 4. In the event the grievance is not satisfactorily settled by the Director of Public
Works, then the employee may elect to proceed through the New Jersey Department of
Personnel, Merit System Board, where applicable, or the Union may elect to request arbitration
under this Step. However, upon selection of either the Merit System Board or arbitration under
this Step, the choice becomes exclusive in nature and the employee cannot at a later time use
another procedure to settle the grievance.
If arbitration is selected, then not later than ten (1 0) working days after the
decision at Step 2 is due, either party may request the Public Employment Relations Commission
to aid their selection of an Arbitrator according to the rules and regulations of that Commission.
Section 4. The Arbitrator shall have the power to hear and determine the dispute
and the Arbitrator's decision shall be final and binding. The Arbitrator shall have no authority to
change, modify, alter, substitute, add to, or subtract fiom the provision of this Agreement.
Section 5. The parties shall share equally the fees and expenses of the Arbitrator
but all other costs shall be borne solely by the party incurring them.
ARTICLE 6
SALARY
Section 1. Effective the first pay period in 2003, the base salary for employees
who hold the title of Chief Bridge Operator, who are employed by the Employer on the last pay
period of 2002, and who are also employed on the date of final ratification of this Agreement by
the County,.shall receive a retroactive wage increase of 3 % over their 2002 salary.
Section 2. Effective the first pay period in 2004, the base salary for employees in
the unit who hold the title of Chief Bridge Operator, who are employed by the Employer on the
last pay period of 2003, and who are also employed on the date of final ratification of
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Agreement by the County, shall receive a wage increaseladjustment to $38,000. All other
employees in the unit, and employed by the Employer on the last pay period of 2003, and who
are also employed on the date of final ratification of this Agreement by the County shall receive a
wage increase of four percent ( 4 % ) over their 2003 salary, effective the first pay period of
2004.
Effective the first pay period in 2004, the minimum salary for Assistant
Supervisors and Supervisors in the unit shall be raised by $2,000 and set at $44,000 and
$48,000, respectively.
Section 3. Effective the first pay period in 2005, the base salary for employees in
the unit who hold the title of Chief Bridge Operator shall receive a wage increase/adjustment to
$44,000, and this shall become the new minimum for the title. All other employees in the unit,
and employed by the Employer on the last pay period of 2004, shall receive a wage increase of
four percent ( 4 % ) over their 2004 salary, effective the fust pay period of 2005.
Section 4. All employees in the unit, and employed by the Employer on the last
pay period of 2005, shall receive a wage increase of four percent ( 4 % ) over their 2005 salary,
effective the first pay period of 2006.
Section 5. All employees in the unit, and employed by the Employer on the last
pay period of 2006, shall receive a wage increase of four percent ( 4 % ) over their 2006 salary,
effective the first pay period of 2007.
Section 6. Employees who hold and use a master plumber license or master
electrician license shall receive an additional $2,500.00.
ARTICLE 7
UNIFORMS
, . Section 1, A uniform maintenance allowance shall be paid in the amount of
$600.00, payable in the first pay period of December, beginning 2004. Ths amount shall be
increased to $800 in 2006.
The uniform allowance shall be pro rated for any unpaid leaves of
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one (1) month in duration.
Section 2. If an employee is suspended or on disability for 30 days or more in the
preceding year, or if an employee is absent on workers' compensation for 60 days or more in the
preceding year, the uniform allowance paid in January of the succeeding year will then be pro
rated accordingly. There will be no pro rata adjustment for suspension or disability leave of less
than 30 days duration, nor for workers' cornpensation leave of less than 60 days duration.
ARTICLE 8
SENIORITY
Section 1. Seniority is defined as an employee's total length of service with the
County, beginning with the last date of hire.
Section 2, Seniority shall be given preference only in promotions, demotions,
layoff, recall, and vacation schedule where ability to perform work are equal, as determined by
the employer.
Section 3. The Employer shall endeavor to post all notices of job vacancies and
newly created positions in all work locations for a period of three (3) working days prior to filling
such vacancies or positions. A copy of all job postings shall be provided to the Chief Steward.
The filling of such vacancies and positions shall be subject to New Jersey
Department of Personnel regulations. The Director of Public Works, or a designee, shall
interview each interested employee, and thereafter each interested employee will be provided
with the reason for the decision made as to filling a vacancy or position.
Section 4. The County shall maintain a seniority roster showing each employee's
date of hire, classification and pay rate and shall furnish copies of same to the Union upon
reasonable request.
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ARTICLE 9
HOURS OF WORK & OVERTIME
Section 1. The normal workweek shall consist of forty ( 40 ) hours or five ( 5 )
eight ( 8 ) hour days, as assigned, to which shall be added a one-half hour paid lunch. Each
employee shall be expected to be available for work during their paid half-hour lunch period.
The Employer will endeavor to give reasonable prior notice of shift changes
whenever possible.
Section 2. Employees shall receive time and one-half pay for all hours worked in
excess of forty ( 40 ) hours in a week. In determining hours actually worked within a designated
work week for computation of overtime, only actual hours worked, paid holidays, approved
compensatory time days or approved vacation time and approved personal time will be included;
sick leave, unauthorized absences, suspension time and late reporting to work will not be
included.
Employees shall be compensated at one and one-half times their regular hourly
rate of pay for work performed on Saturdays [or sixth day of work] and at twice the regular
hourly rate of pay for any work performed on Sundays [or seventh day of work].
Section 3. Employees called to work prior to the start of their normal work shift
shall be paid overtime for any such time worked, but such overtime payment shall not apply to
any of the hours of the normal shift. In the event an employee is called back to work after the
completion of a normal work shift, the employee shall paid a minimum of two ( 2 ) hours pay at
the overtime rate.
Section 4. All employees are expected to perform a reasonable amount of
overtime, and the parties agree that the Employer shall be the sole judge as to the need for
overtime.
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ARTICLE 10
HOLIDAYS
Section 1. The following days are recognized paid holidays: New Years Day,
Martin Luther King's Birthday, Lincoln's Birthday, Washington's Birthday, Good Friday,
Memorial Day, Independence Day, Labor Day, Columbus Day, General Election Day, Veteran's
Day, Thanksgiving Day, and Christmas Day.
To be eligible for holiday pay, the employee must work the scheduled workday
before'and the scheduled workday after the holiday, unless that day is an excused absence with
pay or there are extenuating circumstances to be stated in writing and subject to the approval of
the Employer.
Section 2. Employees who are recalled to work duty on any of the above holidays
shall be paid at the rate of one and one-half (1 1/2) times the employee's regular rate for each
hour worked.
Employees who are assigned to twenty-four (24) hours per day, seven (7) days per
week operations and those who may be scheduled for a work week of any five ( 5 ) eight (8) hour
days within a week shall be paid at two and one-half times their regular salary, which shall
include the eight hours pay for their regular shift assignment plus a premium of one and one-half
times their regular straight time rate for each hour worked.
It is understood that the provisions of this Section shall apply only to those
holidays listed in Section 1 and shall not apply to those days on which other County employees
are released from work early because of weather emergencies.
Section 3. If a holiday falls on a Saturday, it will be celebrated and compensated
accordingly on the Friday preceding said holiday. If a holiday falls on a Sunday, it will be
celebrated and compensated accordingly on the Monday following said holiday.
Section 4. If a holiday falls within the vacation period of an employee, the
employee shall receive an additional vacation day to be scheduled at the discretion of the
Employer.
Section 5 . On days when the Employer closes all County offices because of snow
or other emergency, the following wage rates shall apply during the duration of the closure:
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(a) If all County offices are closed for the full day from 9:00 a.m. until 4:30 p.m., any
bargaining unit employee working during the closure will receive two times their regular wage
for all hours actually worked.
(b) If all County offices are closed after 9:00 a.m., or for less than a full day, each
bargaining unit employee working on that day will be paid two times their regular wage rate for
all hours actually worked between the time of closure and 4:30 p.m., or until such time as the
closure is ended. All other hours worked on that day shall be paid at the rate called for in this
Agreement..
(c) This section shall not apply if less than all County offices are closed
ARTICLE 11
VACATIONS
Section 1. The Employer agrees to grant to all employees within the Bargaining
Unit vacation with pay in accordance with the following schedule:
(a) One (1) working day per month worked during the first calendar year of employment.
(b) Twelve (12) working days per year after the first calendar year and up to and
including five ( 5 ) years of service earned at one day per month.
(c) Fifteen (1 5 ) working days per year beyond five ( 5 ) years and up to and including
twelve (12) years of service earned at the rate of one-and-one-quarter days per month.
(d) Twenty (20) working days per year beyond twelve (12) years and up to and including
twenty (20) years of service earned at the rate of one-and-two-third days per month.
(e) Twenty-five (25) working days per year after twenty (20) years of service earned at
the rate of two-and-one-twelfth days per month.
Section 2. Those employees who are hired between January 1st and June 30th
will be credited for that year of service in determining time served for their vacation leave.
Those hired after June 30th will not receive credit for that year of service in determining their
vacation time for that year, but will begin receiving credit on January 1st of the following year.
Section 3. Vacations shall be taken between January 1st and December 3 1st
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inclusive.
Section 4. Vacation schedules will be posted on the first week of November and
the first week of January for employees to schedule vacations in five ( 5 ) day increments and
according to seniority for the succeeding half-year. The posting shall be removed after two
weeks.
Those not selecting a vacation from the seniority selection, or who have days
remaining after making their seniority selection, can request vacation time during the year on a
non-seniority basis, subject to Employer approval and provided that the request is made in
writing at least two (2) weeks prior to the time requested. It is agreed that the decision of the
Employer with respect to granting or denying non-seniority vacations will not be grievable under
this contract.
Section 5. Vacation time of five ( 5 ) days may be carried over into a succeeding
year only for extraordinary reasons and upon approval of the County Administrator, provided that
a written request must be submitted not later than September 1 of a preceding year and approved
by the County Administrator on or by October 1. If an approval is not received, then the request
shall be deemed denied, and the employee must then immediately schedule the remainder of
vacation for the current year. Any postponed vacation must be scheduled for use and used not
later that by April 1 of the succeeding year.
ARTICLE 12
LEAVES
Section 1. Sick Leave. Sick leave is defineG as absence of post of duty of an
employee because of illness, accident, exposure to contagious disease, attendance upon a
member of the employee's immediate family seriously ill requiring the constant care of such
employee. Eligible employees shall earn sick leave according to the following schedule:
1. One ( 1 ) day per month worked during the first year of employment.
2. One and one-quarter ( 1 '/4 ) days per month worked during each year thereafter.
Sick leave will be accumulative from year to year.
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The Employer may require proof of illness, accident, exposure to contagious
disease or attendance upon a member of the employee's immediate family who is seriously ill.
Any proof of illness provided shall be fully descriptive of the condition which required absence
from work and must include a consent provision to provide an Employer-designated doctor the
right to request and review supporting treating doctor records to verify the illness.
Section 2. Personal Days. An employee is entitled to three ( 3 ) administrative
days leave for the transaction of personal business upon prior written notice and approval of the
Department Head. Such leave cannot be accumulated from year. It is understood that approval
of such administrative leave shall not be unreasonably withheld, however, such days may be
withheld on the day before or the day following any paid holiday or vacations except in
extenuating circumstances . Section 3. Bereavement Days. Employees shall be granted five ( 5 ) days off with
pay in the event of the death of their parent, stepparent, spouse, child or stepchild. In all other
cases, an employee shall be granted three ( 3 ) days off with pay in the event of the death of a
member of the immediate family defined as parent-in-law, sister or brother, grandparent,
grandchild or other member of the employee's immediate household. The Employer reserves the
right to verify the legal relationship to the employee.
Upon the death of an employee the County shall pay supplemental compensation to
the employee's estate in the amount of one-half of the earned and unused accumulated sick leave
based upon the average annual compensation received during the last year of employment prior to
the effective date of death, but not to exceed $15,000.00 or such higher amount as the County may
hereafter adopt by resolution.
Section 4. Jury Duty. Employees shall be given time off without loss of pay
when they are performing jury duty, when they are summoned to appear as a witness before a
court, legislative committee or judicial or quasi-judicial body, unless the appearance is as a party
to the litigation in a matter unrelated to their capacity as an employee or officer of the agency. It
is understood that employees will be permitted to keep any fee or expenses paid by the Courts
while serving of jury duty. A copy of subpoena or order to appear must be furnished to the
Employer prior to the absence.
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Section 1. It is agreed that the County will provide a medical Point of Service
(POS) insurance plan. Whereas it is the County's intention to encourage employee in such POS program, employee participation in said plan shall be at no premium cost to the employee with
all premiums being borne by the County.
Section 2. The County shall continue to maintain a traditional indemnity medical
insurance program, as is currently provided on a self-insured basis. However, any employee
opting to participate in such program shall be responsible for a portion of the premium costs and
made through automatic payroll deductions.
Section 3. The provisions of Board resolution # 94-267 shall continue to apply,
and the traditional indemnity medical insurance program shall not be offered nor available to
employees hired on July 1, 1994 or thereafter. That resolution is attached hereto as an appendix.
Section 4. The statutory compensation provided in NJSA 34:15-12(a) [and as that
law may be amended], is recognized as controlling the issue of payment for employees on
temporary disability leave. It is agreed that reimbursement for temporary disability leave of less
than one year shall be calculated to insure that employees on such workers' compensation
temporary disability leave will be paid essentially the same amount of take home pay [net pay] as
they were receiving prior to their disability leave, payments continuing for not longer than the
first year. Thereafter, the provisions of U S A 34: 15-12(a) shall apply.
Section 5. The parties agree that where there is an individualized reasonable
suspicion that an employee is using a controlled substance or alcohol, then the County may test
that individual, which test will be conducted in accordance with the specimen collection policy
procedures set forth in the CDL substance abuse testing policy as adopted by the County by
formal resolution.
Section 6. It is understood that the current prescription drug plan and co-pay will
be,changed on January 1,2004, but it is agreed that the changes shall not exceed $ 15 for brand
drugs and $ 5 for generic drugs, retail, and $ 10 for brand drugs and $0.00 for
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ARTICLE 13
HEALTH BENEFITS
mail, and that they may be implemented without further negotiations.
ARTICLE 14 -
COMMITTEES
Section 1. There shall be established a joint Union-County Safety and Health
Committee to review safety and health issues. Each party shall designate four (4) members of the
Committee. The Employer shall schedule a meeting of the Committee at the written request of
either party, which request shall include an expected agenda.
Section 2. There shall be established a joint Union-County Uniform Committee
to review uniform issues. Each party shall designate four (4) members of the Committee. The
Employer shall schedule a meeting of the Committee at the written request of either party, which
request shall include an expected agenda.
Section 3. A Commercial Driver License is required for the performance of
certain job functions identified by the Employer. All employees in the said classifications shall
be required to obtain a Commercial Driver License [CDL]. The County shall agree to pay the
license cost, including renewal cost.
ARTICLE 15
GENERAL
Section 1. It is agreed that the County and the Union will continue the practice of
not discriminating against any employee because of race, color, creed, nationality, or sex. No
employee shall be discriminated against or transferred because of legal union activities.
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ARTICLE 16
FULL BARGAIN PROVISION
Section 1. This Agreement represents and incorporates the complete and final
understanding of statements by the parties on all bargainable issues that are subject to and could
have been subject to negotiations.
Section 2. During the term of this Agreement, neither party will be required to
negotiate with respect to any such matter whether or not covered by this Agreement and whether
or not within the knowledge or contemplation of either or both of the parties when they
negotiated or signed this Agreement.
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ARTICLE 17
DURATION OF THE AGREEMENT
This Agreement shall be effective January 1,2004 and shall continue in force and
effect until December 3 1,2007.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement
to be executed by its hlly authorized representatives this day of
,2004.
COUNTY OF MONMOUTH
by: Diredor HAkRY L W S O N , JR.
INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL
ENGINEERS
IFPTE, LOCAL 196
MONMOUTH COUNTY SUPERVISOR'S ASSOCIATION
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